Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Seychelles (Ratification: 1999)

The Committee notes the Government’s report.

The Committee notes the Government’s comments concerning collective bargaining rights of public servants not engaged in the administration of the State. It notes that the Government reports that the Industrial Relations Act (IRA) applies to all persons except a member of the disciplinary force, a person in the service of the Republic who is not a public officer, or a person in the judicial service. The Committee also notes that the IRA does not apply to prison service. It therefore requests the Government to indicate whether prison staff enjoy the right to collective bargaining.

Articles 2 and 3 of the Convention. Acts of interference. The Committee had noted that there are no specific provisions in the IRA providing for protection against acts of interference. The Committee recalls that Article 2 of the Convention provides that employers’ and workers’ organizations shall enjoy adequate protection against any acts of interference by each other, including sufficiently rapid machinery and dissuasive sanctions against acts of interference by employers or their organizations into workers’ organizations, in particular, acts which are designed to promote the establishment of workers’ organizations under the domination or control by employees or employers’ organizations. It is important, therefore, to adopt specific measures, coupled with effective and sufficiently dissuasive sanctions, in order to ensure that the guarantees provided for in the Convention are respected. It requests the Government to adopt legislative provisions providing for protection against acts of interference coupled with effective and sufficiently dissuasive sanctions and to keep it informed in this respect.

Article 4 of the Convention. Collective agreements. The Committee had noted that, according to section 42(2) of the IRA, a collective agreement comes into force upon an approval by the Minister. While noting that the Minister can refuse to approve a collective agreement only if it does not comply with the IRA, and that such a refusal is subject to a judicial review by the Supreme Court (section 42(4) and (6)), the Committee requests the Government to indicate whether there have been instances of refusal by the Minister to approve a collective labour agreement and to specify grounds on which such decisions were taken.

The Committee further had noted that, while the legislation provides for a possibility for the parties to take the time they consider is needed to negotiate a collective agreement, either directly or through mediation, the legislation allows the authorities to refer the dispute for a compulsory arbitration at their own initiative if the parties cannot reach an agreement. While recalling that, in general, recourse to compulsory arbitration in cases where the parties do not reach an agreement through collective bargaining is permissible only in the context of essential services, in the strict sense of the term, and for civil servants engaged in the administration of the State, the Committee requests the Government to take measures to amend the legislation in order to put it into conformity with the requirements of the Convention.

The Committee requests the Government to consider concrete action in consultation with the most representative workers’ and employers’ organizations to introduce in the legislation the amendments requested.